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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No.: EB-10-TP-0108
Thomas L. Morey ) NAL/Acct. No.: 201132700006
St. Petersburg, Florida ) FRN No.: 0020835732
)
)
FORFEITURE ORDER
Adopted: October 18, 2011 Released: October 18, 2011
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of two hundred fifty dollars ($250) to Thomas L. Morey
("Mr. Morey") for willful and repeated violation of section 301 of the
Communications Act of 1934, as amended ("Act"). The noted violations
involved Mr. Morey's operation of an unlicensed radio transmitter on
the frequency 88.3 MHz in St. Petersburg, Florida.
II. BACKGROUND
2. On May 5, 2011, the Enforcement Bureau's Tampa Office ("Tampa Office")
issued a Notice of Apparent Liability for Forfeiture ("NAL") to Mr.
Morey for his operation of an unlicensed radio transmitter without the
requisite Commission authorization. As discussed in detail in the NAL,
agents from the Tampa Office determined that Mr. Morey operated an
unlicensed radio station on the frequency 88.3 MHz from his residence
for two to three weeks prior to an inspection of his station. In view
of the record evidence, the NAL proposed a forfeiture of $10,000
against Mr. Morey for violation of section 301 of the Act. Mr. Morey
submitted a response to the NAL requesting cancellation of the
proposed forfeiture, asserting that he "is in no position to be able
to pay" the forfeiture.
III. DISCUSSION
3. The proposed forfeiture amount in this case was assessed in accordance
with section 503(b) of the Act, section 1.80 of the Commission's
rules, and the Forfeiture Policy Statement. In examining Mr. Morey's
response, section 503(b) of the Act requires that the Commission take
into account the nature, circumstances, extent, and gravity of the
violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and other
such matters as justice may require. As discussed below, we have
considered Mr. Morey's response in light of these statutory factors
and we find that a reduction in the forfeiture is warranted based
solely on his documented inability to pay.
4. As set forth in the NAL, agents from the Tampa Office determined that
Mr. Morey operated an unlicensed radio station on the frequency 88.3
MHz on more than one day. Mr. Morey does not deny any of the facts set
forth in the NAL. Therefore, we find that Mr. Morey willfully and
repeatedly violated section 301 of the Act by operating an unlicensed
radio transmitter. With regard to an individual's or entity's
inability to pay claim, the Commission has determined that, in
general, gross revenues are the best indicator of an ability to pay a
forfeiture. Having reviewed Mr. Morey's submitted documentation, we
conclude that the forfeiture should be reduced to $250, an amount
within the range determined by the Bureau to be affordable.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Thomas L.
Morey IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred
fifty dollars ($250) for violations of section 301 of the Act.
6. Payment of the forfeiture shall be made in the manner provided for in
section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for enforcement pursuant
to section 504(a) of the Act. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Account
Number and FRN referenced above. Payment by check or money order may
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101. Payment by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance
Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and
enter the letters "FORF" in block number 24A (payment type code).
Requests for full payment under an installment plan should be sent
to: Chief Financial Officer -- Financial Operations, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk with any questions regarding
payment procedures at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.
Mr. Morey shall also send electronic notification to
SCR-Response@fcc.gov on the date said payment is made.
7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to Thomas L.
Morey at his address of record and to his attorney, Joe Episcopo,
Esq., at 1319 W. Fletcher Avenue, Tampa, FL 33612.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
Thomas L. Morey, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
6665 (Enf. Bur. 2011).
The facts of the NAL are incorporated herein by reference.
NAL at 6665.
NAL at 6666.
Letter from Joe Episcopo, Esq., attorney for Mr. Morey, to Tampa Office,
dated June 1, 2011 at 1.
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
Policy Statement").
47 U.S.C. S: 503(b)(2)(E).
See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
2088, 2089 (1992) (forfeiture not deemed excessive where it represented
approximately 2.02 percent of the violator's gross revenues); Local Long
Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
deemed excessive where it represented approximately 7.9 percent of the
violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
1.80(f)(4), 95.140, 95.411.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 11-1730
3
Federal Communications Commission DA 11-1730